Texas aggravated perjury — Penal Code § 37.03

Texas aggravated perjury is a criminal offense under Penal Code § 37.03. Base conduct is classified as a third-degree felony; enhancements and aggravators can move the punishment range higher. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.

The controlling statute

Texas Penal Code § 37.03 — Aggravated Perjury — applies when a false statement made under oath is material to an official proceeding. Materiality is the only element distinguishing aggravated perjury from the misdemeanor offense under § 37.02. Because the question of materiality is decided by the court rather than the jury, prosecutors often charge aggravated perjury knowing the judge will resolve materiality as a matter of law. The felony classification creates substantial collateral consequences — professional license revocation, immigration impact, and lifetime credibility damage in future testimony.

Classification & punishment range

Elements the State must prove

To convict on a Texas § 37.03 charge, the State must prove every element beyond a reasonable doubt:

1. Defendant made a false statement under oath
2. With knowledge that the statement was false
3. With intent to deceive
4. The statement was material to an official proceeding

Defense strategies

L and L Law Group, PLLC develops the following defense strategies on every Aggravated Perjury case:

• Lack of materiality — a finding of non-materiality reduces the charge to misdemeanor perjury under § 37.02
• Retraction under § 37.05 before the proceeding ends and before exposure becomes likely
• Truth — the State must prove falsity beyond a reasonable doubt; ambiguous answers are not perjury (Bronston doctrine)
• Two-witness rule — Texas common law requires corroboration beyond one witness's testimony
• Suppression of compelled or coerced testimony in violation of Fifth Amendment
• Lack of valid oath — the officer administering the oath must have authority and follow statutory form

Enhancements & collateral consequences

Already a third-degree felony, aggravated perjury can elevate under repeat-offender provisions of § 12.42 — habitual felony status can push punishment into second-degree felony range. When the perjured testimony is given to support or impede a criminal prosecution, parallel obstruction charges under § 38.05 (Hindering Apprehension) or § 37.09 (Tampering with Evidence) may apply.